Man aged 74 jailed after 160 guns are found at his home in Kent – The Guardian
‘A pensioner has been jailed for five years after 160 guns were found at his home.
The Guardian, 15th November 2017
Source: www.theguardian.com
Court hears transgender woman’s appeal over access to her Jewish children – The Guardian
‘A parent who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her battle to be allowed access to her five children to the court of appeal.’
The Guardian, 15th November 2017
Source: www.theguardian.com
Cheers for The Crown makers as, 45 years on, Duke of Windsor’s will to be unsealed – Daily Telegraph
‘With a scandalous abdication, colourful love life and rift with his relatives, the life of the Duke of Windsor was not short of private information to fascinate the public.
More than 40 years after his death, it appears, there may be more to learn, as a senior judge has ruled that the contents of his will can be unsealed for the first time.
The will of the Duke, who was King Edward VIII until his abdication in December 1936, will be unsealed for the benefit of the Royal Archives, after a keeper applied to the Family Division of the High Court to beg special permission.’
Daily Telegraph, 15th November 2017
Source: www.telegraph.co.uk
Daryll Rowe guilty of infecting men with HIV – BBC news
‘A man has been convicted of trying to infect 10 men with HIV in a “campaign” to infect as many as possible.’
BBC News, 15th November 2017
Source: www.bbc.co.uk
Recycling company apologises after trial over shredder death – The Guardian
‘A recycling company has apologised after an agency worker was dragged into an industrial waste shredder and killed.’
The Guardian, 15th November 2017
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017
The Individual Savings Account (Amendment No. 3) Regulations 2017
The Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017
The Venezuela (European Union Financial Sanctions) Regulations 2017
The Traffic Signs (Amendment) (England and Wales) Regulations and General Directions 2017
Source: www.legislation.gov.uk
Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws
‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’
Jurisdiction and Conflict of Laws, 10th November 2017
Source: jurisdictionandconflicts.net
CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK
‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’
Law & Religion UK, 15th November 2017
Source: www.lawandreligionuk.com
Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal
‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’
Nearly Legal, 14th November 2017
Source: www.nearlylegal.co.uk/blog/
Condition precedents and the rule against redundancy in contract interpretation – Practical Law: Construction Blog
‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’
Practical Law: Construction Blog, 15th November 2017
How testing the evidence differs in adjudication and court – Practical Law: Construction Blog
‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’
Practical Law: Construction Blog, 14th November 2017
Air quality breaches stops development which threatened to exacerbate them – UK Human Rights Blog
‘Gladman Developments v. SoS for Communities and Local Government, Interested Party:CPRE [2017] EWHC 2768 (Admin) 6 November 2017. An interesting example of how our planners must take air pollution concerns far more seriously in the light of the long-running ClientEarth litigation.’
UK Human Rights Blog, 13th November 2017
Source: ukhumanrightsblog.com
“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI
‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’
Zenith PI, 13th November 2017
Source: zenithpi.wordpress.com
What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages? – Zenith PI
‘The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26.’
Zenith PI, 13th November 2017
Source: zenithpi.wordpress.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1808 (14 November 2017)
High Court (Administrative Court)
Mishra v Colchester Magistrates’ Court [2017] EWHC 2869 (Admin) (14 November 2017)
High Court (Chancery Division)
Zavarco Plc v Tan Sri Syed Mohd Yusof Bin Tun Syed Nasir [2017] EWHC 2877 (Ch) (14 November 2017)
Source: www.bailii.org
‘Change your attitude’: judge threatens litigators with ‘draconian’ costs penalties – Law Society’s Gazette
‘A High Court judge has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.’
Law Society's Gazette, 15th November 2017
Source: www.lawgazette.co.uk
Mother killed herself after ‘serious failure’ by mental health unit – The guardian
‘A mother who killed herself while suffering from postnatal depression died as a result of a “very serious failure” that allowed her to leave a mental health unit unchaperoned, a coroner has ruled.’
The Guardian, 14th November 2017
Source: www.theguardian.com
Police ‘to give up on minor crimes without major funding increase’ – The Guardian
‘More police forces are poised to give up investigating minor offences such as car crime and retail thefts without a significant funding increase in the budget next week, police and crime commissioners have warned.’
The Guardian, 14th November 2017
Source: www.theguardian.com
Damaged reputations an ‘unfortunate by-product’ of abuse inquiries – BBC News
‘Reputational damage to dead people is an “unfortunate by-product” of police inquiries into historical sex abuse allegations. That’s the view of David Tucker, from the College Of Policing, but he said it happened only in certain cases in which the names of dead suspects were made public. Mr Tucker told Law in Action, on BBC Radio 4, that the college was drawing up guidelines for forces in England and Wales to help them decide whether to identify suspects in such cases.’
BBC News, 14th November 2017
Source: www.bbc.co.uk
